Saket Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34326 of 2018 Arising Out of PS.Case No. -87 Year- 2017 Thana -SANGRAMPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Saket Kumar, S/o Anirudhh Patel @ Anirudh Kumar, R/o Bariyariya, P.S.- Sangrampur District- East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Patanjali Rishi, Adv. For the Opposite Party/s : Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-07-2018 Heard both sides.

The petitioner apprehends his arrest in Sangrampur P.S. Case No. 87/2017, registered for the offences punishable under Sections 363 and 365 of the Indian Penal Code. The informant alleged that Gita Devi mother of the petitioner went to his house and talk to his daughter. Thereafter, his daughter left her house, but she did not return. During the course of search, one Munni Devi disclosed that Saket Kumar the petitioner, was taking his daughter.

Learned counsel for the petitioner submits that the victim appeared and made her statement under Section 164 Cr.P.C. The victim disclosed her age to be 21 years. She disclosed

Patna High Court Cr.Misc. No.34326 of 2018 (2) dt.02-07-2018 2/2 that she voluntarily left her house and went along with the petitioner to solemnize marriage. Her parents lodged this false case.

Learned A.P.P. submitted that father of the victim disclosed her age to be fourteen and half years. The Court assessed the age of the victim to be 17 years, but the victim disclosed her age to be 21 years.

Considering the facts aforesaid and the fact that the victim herself denied the factum of her kidnapping and she disclosed her age to be 21 years, the petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate XIV, Motihari, East Champaran in connection with Sangrampur P.S. Case No. 87/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J) Vinita/- U T